ESTTA Tracking number:
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`Filing date:
`
`ESTTA1327202
`12/07/2023
`
`Proceeding no.
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91272781
`
`Plaintiff
`Ridestore Holding AB
`
`EDWARD J SACKMAN
`BERNSTEIN SHUR SAWYER & NELSON
`670 N COMMERCIAL STREET, STE 108
`PO BOX 1120
`MANCHESTER, NH 03105-1120
`UNITED STATES
`Primary email: nsackman@bernsteinshur.com
`Secondary email(s): avonhusen@bernsteinshur.com, jkeen-
`an@bernsteinshur.com, rwennberg@bernsteinshur.com,
`glouis@bernsteinshur.com
`603-623-8700
`Testimony For Plaintiff
`
`Graham Louis
`
`glouis@bernsteinshur.com
`
`/s/ Graham Louis
`
`12/07/2023
`
`20231207 Affidavit of Emil Hellberg file ready.pdf(3101927 bytes )
`20231207 Affidavit of Elin Glommen file ready.pdf(139584 bytes )
`20231207 Affidavit of Linus Hellberg Part 1 of 2.pdf(2466305 bytes )
`20231207 Affidavit of Linus Hellberg Part 2 of 2.pdf(4087052 bytes )
`
`

`

`
`
`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Serial No. 90508211; 90595038
`For the marks: Black. Smart. Dope.; Smart Is Dope
`Published: September 28, 2021; September 28, 2021
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`X
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`Ridestore Holding AB,
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`Opposer/Petitioner,
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`v.
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`GXG International LLC,
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`Applicant/Respondent
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`– – – – – – – – – – – – – – – – – – – – – – – – –
`–
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`X
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`Opposition No.
`91272781
`91272783
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`AFFIDAVIT OF EMIL HELLBERG
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`I, Emil Hellberg, declare under penalty of perjury as follows:
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`
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`1.
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`I am a Founder and current Board Member of Opposer/Petitioner Ridestore Holding
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`AB (“Ridestore”). I submit this declaration to provide relevant information regarding Ridestore’s
`1
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`

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`use
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`of
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`its
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`various
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`“DOPE”
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`trademarks
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`(the
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`“Ridestore
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`Marks”
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`or
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`“DOPE”)
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`in
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`United
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`States
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`commerce, including Ridestore’s use of DOPE.
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`
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`The Ridestore Marks, attached hereto as
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`Exhibit
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`A,
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`form
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`the
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`basis
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`of
`
`this
`
`Opposition.
`
`I
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`also
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`provide
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`herein
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`relevant
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`information
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`concerning
`
`Applicant/Respondent
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`GXG International LLC’s
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`
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`(“GXG”) “Black.
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`Smart. Dope.”
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`
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`and “Smart Is
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`Dope”
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`marks
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`(the
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`“GXG
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`Marks”)
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`that
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`are
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`the
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`subject
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`of
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`Application
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`Serial
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`Nos.
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`90508211, 90595038
`
`
`and this proceeding.
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`2.
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`The facts set forth herein are based on my personal knowledge and on information
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`contained in Ridestore’s business records, which are regularly maintained by Ridestore in the
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`normal course of business and to which I have regular access in the course of my job.
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`3.
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`Ridestore is a Swedish Aktiebolag with its principal place of business in Göteborg,
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`Sweden. Ridestore creates and sells DOPE winter activity clothing, which is primarily marketed
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`for snowboarding and skiing, exclusively via its website https://www.dopesnow.com/.
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`4.
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`As a Founder of Ridestore, I oversee the production team, the overall product
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`design process, trademark strategies, and the development of new brands. I am additionally
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`responsible for DOPE marketing efforts. As a Board Member of Ridestore, a position I have held
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`since 2006, I participate in making all decisions related to the company's trademarks and brand
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`strategy.
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`5.
`
`Ridestore owns numerous applications and registrations for the trademarks
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`“DOPE” and the term “DOPE” combined with other terms and/or designs. True and correct copies
`
`of the Certificates of Registration and the information available on the Trademark Status and
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`Document Retrieval database, which show the statuses and titles of the Ridestore Marks, are
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`attached hereto as Exhibit B.
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`2
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`6.
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`Ridestore was founded to import skiing and snowboarding gear from the United
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`States to the European market. Having been successful in doing so and noticing the interest for
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`higher quality snow wear products, Ridestore launched DOPE. DOPE began as a brand that solely
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`focused on what the customer wanted. The result was a company without hierarchy and prestige
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`and where the community decides what is important. Today, Ridestore creates all types of DOPE
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`outerwear as well as complementary products such as sweaters, leggings, tights, and eyewear.
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`7.
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`Ridestore began selling products bearing the Ridestore Marks in the United States
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`substantially earlier than March 22, 2021, which is the date that GXG filed an “intent to use”
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`application for the GXG Marks.
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`8.
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`Ridestore has significantly increased DOPE’s presence and sales in the United
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`States in recent years. Since 2020, Ridestore has been continuously using at least one of the
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`Ridestore Marks in U.S. commerce in connection with clothing, such as jackets, pants, sweaters,
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`gloves, and leggings. More recently, Ridestore has expanded the range of products it sells bearing
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`the Ridestore Marks, including beanies, balaclavas, necktubes, goggles, and t-shirts. Attached
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`hereto as Exhibit C are true and correct samples of apparel currently sold in the U.S. that bears
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`the Ridestore Marks (“DOPE Apparel”).
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`9.
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`Today, DOPE Apparel is sold by Ridestore to consumers throughout the United
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`States and around the world.
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`10.
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`DOPE Apparel is targeted toward and purchased by consumers of all ages,
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`demographics, and levels of sophistication. These consumers are the typical consumers of apparel,
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`particularly as it is used in the context of winter sporting activities.
`
`
`
`3
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`

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`
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`11.
`
`DOPE Apparel is generally sold for between $30 and $279 per item. This price
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`range is typical of ski and snowboarding apparel, if not slightly below the market average for
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`comparable goods. Because DOPE Apparel is sold at a relatively low cost, particularly as
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`compared to other winter outfitters, in my experience, consumers generally purchase it without
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`particular deliberation or care.
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`12.
`
`Over the years, Ridestore has engaged in an active enforcement program to protect
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`the Ridestore Marks and brand. Examples of Ridestore’s successful TTAB Oppositions in which
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`the applicant withdrew or narrowed its application include:
`
`Opposition Proceeding No. 91277876: “DOPE AFFILIATES” mark
`(a)
`(application amended to exclude use in International Class 025 goods)
`
`(b)
`abandoned)
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`Opposition Proceeding No. 91273310: “DOPE WITCH” mark (application
`
`Proceeding
`Opposition
`(c)
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`sustained and registration refused)
`
`
`
`No.
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`91272655:
`
`“DOPEHILL”
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`mark
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`(opposition
`
`(d)
`Opposition Proceeding No. 91272782: “LIFE IS DOPE” mark (opposition
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`sustained and registration refused)
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`
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`Opposition Proceeding No. 91272055: “DOPE AND DEDICATED” mark
`(e)
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`(opposition sustained and registration refused)
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`
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`13.
`
`
`Upon
`
`learning
`
`of
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`the
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`GXG
`
`Mark,
`
`Ridestore
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`promptly
`
`filed
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`its
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`Notice
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`of
`
`Opposition. Attached hereto as
`
`Exhibit D
`
`
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`are true and correct copies of
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`GXG’s responses to the
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`discovery requests Ridestore served upon him regarding the GXG
`
`
`Marks.
`
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`14.
`
`The goods identified in GXG’s application for the GXG Marks, namely its planned
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`use on International Class 025 Goods, are related to the DOPE Apparel because they both consist
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`of apparel, including but not limited to t-shirts, sweatshirts, and hats.
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`4
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`15.
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`If GXG is permitted to obtain a registration for the GXG Marks, I fear that his use
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`of the GXG Marks will confuse consumers as to the source and/or affiliation of his products, and
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`further, that GXG’s use of the GXG Marks will devalue DOPE and cause significant harm to
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`Ridestore by diluting the distinctiveness of the Ridestore Marks.
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`signatory being warned that willful false statements and the like are punishable by fine
`The
`18 U.S.C. § 1001, and that such willful false statements
`or imprisonment, or both, under
`
`and the like may jeopardize the validity of the application or submission or any registration
`resulting therefrom, declares that all statements made of his/her own knowledge are true
`and all statements made on information and belief are believed to be true.
`
`/s/_____________
`Emil Hellberg
`
`
`
`
`
`
`
`Dated:
`
`December 7, 2023
`
`
`
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`
`5
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`

`

`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that I provided a true and exact copy of the foregoing filing to the Applicant via
`email this 7th day of December, 2023.
`
`/s/
`
`Edward Sackman, Esq.
`
`Edward J. Sackman
`
`
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`4
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`

`

`
`EXHIBIT A
`E X HIBIT
`A
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`
`
`
`
`
`

`

`Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1170923
`11/08/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Ridestore Holding AB
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`11/27/2021
`
`FRIHAMNEN 16 A
`GOTEBORG, 41755
`SWEDEN
`
`Attorney informa-
`tion
`
`JAMES F. KEENAN, JR
`BERNSTEIN, SHUR, SAWYER & NELSON
`100 MIDDLE STREET
`PORTLAND, ME 04104
`UNITED STATES
`Primary Email: jkeenan@bssn.com
`2077741200
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`90508211
`
`Publication date
`
`09/28/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`11/08/2021
`
`Opposition Peri-
`od Ends
`
`11/27/2021
`
`GXG International LLC
`30 N GOULD ST, STE R
`STE R
`SHERIDAN, WY 32801
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Hoodies; Athletic shirts; Athletic shorts;
`Polo shirts; Sports caps and hats; T-shirts
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`4918788
`
`Application Date
`
`05/28/2014
`
`Registration Date
`
`03/15/2016
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`DOPE
`
`Date
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2008/12/00 First Use In Commerce: 2008/12/00
`Athletic apparel, namely, pants; Boxer shorts; Crew neck sweaters; Gym suits;
`Jogging suits; Socks; Sweaters; Swim trunks; Swim wear for gentlemen; V-neck
`sweaters; Women's clothing, namely, shirts, skirts
`
`U.S. Registration
`No.
`
`4403067
`
`Registration Date
`
`09/17/2013
`
`Word Mark
`
`Design Mark
`
`DOPE
`
`Application Date
`
`02/05/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2007/07/27 First Use In Commerce: 2007/07/27
`Hats
`
`U.S. Registration
`No.
`
`4547955
`
`Registration Date
`
`06/10/2014
`
`Word Mark
`
`DOPE
`
`Application Date
`
`07/19/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2008/12/00 First Use In Commerce: 2008/12/00
`Coats for men and women; Headwear; Jackets; Shirts; Shorts; Wind resistant
`jackets
`
`U.S. Registration
`No.
`
`4595333
`
`Registration Date
`
`09/02/2014
`
`Word Mark
`
`Design Mark
`
`DOPEST
`
`Application Date
`
`05/13/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2009/07/15 First Use In Commerce: 2010/01/01
`Hats; Jackets; Pants; Shirts; Shoes; Shorts; Sweaters
`
`U.S. Registration
`No.
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`5222323
`
`Registration Date
`
`06/13/2017
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`Word Mark
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`DOPE SPORT
`
`Application Date
`
`11/01/2016
`
`Foreign Priority
`Date
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`NONE
`
`

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`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2016/08/15 First Use In Commerce: 2016/08/15
`Hats; Sweatpants; Sweatshirts; Wind resistant jackets
`
`U.S. Registration
`No.
`
`5622868
`
`Registration Date
`
`12/04/2018
`
`Word Mark
`
`Design Mark
`
`DOPE
`
`Application Date
`
`06/14/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2017/11/01 First Use In Commerce: 2017/11/01
`Shirts for infants, babies, toddlers and children; Infant and toddler one piece-
`clothing
`
`U.S. Registration
`No.
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`5222324
`
`Registration Date
`
`06/13/2017
`
`Word Mark
`
`Design Mark
`
`DOPE DENIM
`
`Application Date
`
`11/01/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
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`The mark consists of the words "Dope Denim" in stylized cursive writing with the
`
`

`

`Mark
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`first letter of each word in upper-case and the remaining letters in lower-case.
`
`Goods/Services
`
`Class 025. First use: First Use: 2016/08/15 First Use In Commerce: 2016/08/15
`Denim jackets; Denims; Hats; Sweatshirts; all of the foregoing comprised in
`whole or in part of denim
`
`U.S. Registration
`No.
`
`3972067
`
`Registration Date
`
`05/31/2011
`
`Word Mark
`
`Design Mark
`
`AUDACITY OF DOPE
`
`Application Date
`
`01/19/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 025. First use: First Use: 2009/04/01 First Use In Commerce: 2010/02/08
`SHIRTS
`
`90333319
`
`Application Date
`
`11/20/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`DOPE COUTURE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`clothing, namely, tops, bottoms, footwear and headwear
`
`90333369
`
`Application Date
`
`11/20/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`DOPE SNOW
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Helmets for use in sports; Ski helmets;Snowboard helmets; Snow scooter hel-
`mets; Helmets for bicycles; Sport bags adapted to contain protective helmets;
`Visorsfor helmets; Face-protection shields for protective helmets; Snow goggles;
`Snowboard goggles; Scooter goggles; Goggles for sports; Gloves for protection
`against accidents; Sunglasses; Covers for sunglasses; Ear phones; Download-
`able communication, networking and social networkingsoftware; Downloadable
`software and downloadable mobile applications for internet forums, message
`boards, chat rooms, social networks and online messaging; Downloadable inter-
`active computer software enabling exchange of information relatedto skiing,
`snowboarding, winter sports and travel; Downloadable computer software that
`provides ski, snowboard, winter sports and travel information; Downloadable
`electronic publications, newsletters, videocasts and podcasts
`Class 018. First use: First Use: 0 First Use In Commerce: 0
`Bags, namely, all-purpose carrying bags, tote bags, duffle bags, sports bags, kit
`bags, toiletry bags; Sports packs; Rucksacks; Backpacks; Pocket wallets; Key
`cases; Umbrellas
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Clothing, namely, tops, bottoms, headwear and footwear; Sportswear, namely,
`tops, bottoms, headwear and footwear; Clothing for skiing; Clothing for snow-
`boarding; Tops as clothing; Undershirts; Sportsjerseys; Pants; Jackets; Outer
`clothing; Shorts; Swim shorts; Swim wear; Long Johns; Sweat-absorbent under-
`wear; Underwear; Socks; Stockings; Stockings for skiing; Footwear; Shoes;
`Snowboard shoes; Scooter shoes; Headgear; Caps being headwear; Caps with
`visors; Sports headgear other than helmets; Headbands as cloth-
`ing;Neckerchiefs; Neck tube scarves; Balaclavas; Ski balaclavas; Gloves; Ski
`gloves; Fingerless gloves; Garters; Belts as clothing
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Sporting articles and equipment; Cases adapted for sporting articles; Ski
`bags;Skis; Ski sticks; Snowboards; Skateboards; Knee guards for use in sports;
`Elbowguards for use in sports articles; Protective padding for skiing and snow-
`boarding
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Retail store services and online retailservices in the field of clothing, footwear,
`headgear, clothing for skiing, clothing for snowboarding, neck tube scarves, ski
`balaclavas, gloves, ski gloves, helmets for use in sports, ski helmets, snowboard
`helmets, snow goggles, snowboard goggles, scooter goggles, goggles for
`sports, gloves for protection against accidents, sunglasses, ear phones, bags,
`sports packs, kit bags, rucksacks, toiletry bags, pocket wallets, key cases, um-
`brellas, sporting articles, sporting equipment, protective padding for skiing and
`snowboarding and cases adapted for sporting articles
`
`U.S. Application
`
`90333365
`
`Application Date
`
`11/20/2020
`
`

`

`No.
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`DOPE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Equipment used for skiing and snowboarding, namely, ski and snowboard hel-
`mets, ski and snowboard goggles; ski and snowboard gloves for protection
`against accidents; Downloadable communication, networking and social net-
`working software; Downloadable software and downloadable mobile applications
`for internet forums, message boards, chat rooms, social networksand online
`messaging; Downloadable interactive computer software enabling exchange of
`information related to skiing, snowboarding, winter sports and travel; Download-
`able computer software that provides ski, snowboard, winter sports and travel in-
`formation; Downloadable electronicpublications, newsletters, videocasts and
`podcasts
`Class 018. First use: First Use: 0 First Use In Commerce: 0
`Equipment used for skiing and snowboarding, namely, backpacks for use in car-
`rying skis, snowboards and related accessories
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Ski and Snowboard apparel, namely, outerwear consisting of thermal pants and
`jackets, shell jackets and pants, water resistant and waterproof jackets and
`pants; Ski and Snowboard apparel, namely, outerwear consisting of tops, bot-
`toms, headwear, footwear, neck tube scarves, balaclavas and gloves; Ski and
`Snowboard apparel, namely, underwear, thermal underwear and sweat-ab-
`sorbent underwear
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Equipment used for skiing and snowboarding, namely, cases, backpacks and
`bags adapted to carry skis and snowboards, skis, snowboards, knee guards for
`use in skiing and snowboarding, elbow guards for use in skiing and snowboard-
`ing and protective padding for skiing and snowboarding
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Retail store services and online retailservices in the field of clothing, footwear,
`headgear, clothing for skiing, clothing for snowboarding, neck tube scarves, ski
`balaclavas, gloves, ski gloves, helmets for use in sports, ski helmets, snowboard
`helmets, snow goggles, snowboard goggles, scooter goggles, goggles for
`sports, gloves for protection against accidents, sunglasses, ear phones, bags,
`sports packs, kit bags, backpacks, rucksacks, toiletry bags, pocket wallets, key
`
`

`

`cases, umbrellas, sporting articles, sporting equipment, protective padding for
`skiing and snowboarding and cases adapted for sporting articles
`
`U.S. Application
`No.
`
`79300325
`
`Application Date
`
`11/20/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`DOPE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Helmets for use in sports; ski helmets;snowboard helmets; snow scooter hel-
`mets; helmets for bicycles; sport bags adapted and specially shaped to contain
`protective helmets; visors for helmets; face-protection shields for protective hel-
`mets; snow goggles; snowboard goggles; scooter goggles; goggles for sports;
`gloves for protection against accidents; sunglasses; covers for sunglasses; ear
`phones
`Class 018. First use: First Use: 0 First Use In Commerce: 0
`Weekend, travelling and sports bags; Sports packs; Kit bags; Rucksacks; Toi-
`letry bags sold empty; Pocket wallets; Key cases; Umbrellas
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Clothing for skiing and hiking, namely,ski jackets and ski pants, water resistant
`and waterproof jackets and pants; clothing for snowboarding, namely, snow-
`boarding jackets and snowboarding pants, water resistant and waterproof jack-
`ets andpants; tops being clothing; undershirts; sports jerseys; pants; jackets be-
`ing clothing; outer clothing; shorts; swim shorts; swim wear; long johns; sweat-
`absorbent underwear; underwear; socks; stockings; stockings for skiing; foot-
`wear; shoes; snowboard shoes; scooter shoes; headgear; caps being head-
`wear; caps with visors; sports headgear, namely, beanies, hats and caps other
`than helmets; headbands; neckerchiefs; neck tube scarves; balaclavas; ski
`balaclavas; gloves; ski gloves; fingerless gloves; garters; belts being clothing
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Sporting articles and equipment, namely, cases adapted for sporting articles,
`
`

`

`cases, backpacks and bags specially adapted for carrying skis and snowboard;
`ski bags; skis; ski sticks; snowboards; skateboards; knee guards for athletic use;
`elbow guards for athletic use
`
`U.S. Application
`No.
`
`90333343
`
`Application Date
`
`11/20/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`DOPE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Equipment used for skiing and snowboarding, namely, ski and snowboard hel-
`mets, ski and snowboard goggles; ski and snowboard gloves for protection
`against accidents; Downloadable communication, networking and social net-
`working software; Downloadable software and downloadable mobile applications
`for internet forums, message boards, chat rooms, social networksand online
`messaging; Downloadable interactive computer software enabling exchange of
`information related to skiing, snowboarding, winter sports and travel; Download-
`able computer software that provides ski, snowboard, winter sports and travel in-
`formation; Downloadable electronicpublications, newsletters, videocasts and
`podcasts
`Class 018. First use: First Use: 0 First Use In Commerce: 0
`Equipment used for skiing and snowboarding, namely, backpacks for use in car-
`rying skis, snowboards and related accessories
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`Ski and Snowboard apparel, namely, outerwear consisting of thermal pants and
`jackets, shell jackets and pants, water resistant and waterproof jackets and
`pants; Ski and Snowboard apparel, namely, outerwear consisting of tops, bot-
`toms, headwear, footwear, neck tube scarves, balaclavas and gloves; Ski and
`Snowboard apparel, namely, underwear, thermal underwear and sweat-ab-
`sorbent underwear
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Equipment used for skiing and snowboarding, namely, cases, backpacks and
`bags adapted to carry skis and snowboards, skis, snowboards, knee guards for
`use in skiing and snowboarding, elbow guards for use in skiing and snowboard-
`ing and protective padding for skiing and snowboarding
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Retail store services and online retailservices in the field of clothing, footwear,
`headgear, clothing for skiing, clothing for snowboarding, neck tube scarves, ski
`balaclavas, gloves, ski gloves, helmets for use in sports, ski helmets, snowboard
`helmets, snow goggles, snowboard goggles, scooter goggles, goggles for
`sports, gloves for protection against accidents, sunglasses, ear phones, bags,
`sports packs, kit bags, backpacks, rucksacks, toiletry bags, pocket wallets, key
`
`

`

`cases, umbrellas, sporting articles, sporting equipment, protective padding for
`skiing and snowboarding and cases adapted for sporting articles
`
`Attachments
`
`86293042#TMSN.png( bytes )
`85841683#TMSN.png( bytes )
`85375315#TMSN.png( bytes )
`85930325#TMSN.png( bytes )
`87222632#TMSN.png( bytes )
`88000969#TMSN.png( bytes )
`87222671#TMSN.png( bytes )
`77652171#TMSN.png( bytes )
`90333319#TMSN.png( bytes )
`90333369#TMSN.png( bytes )
`90333365#TMSN.png( bytes )
`79300325#TMSN.png( bytes )
`90333343#TMSN.png( bytes )
`20211108 - Notice of Opposition - BLACK. SMART. DOPE.
`(90508211).pdf(941853 bytes )
`
`Signature
`
`/James F. Keenan, Jr./
`
`Name
`
`Date
`
`JAMES F. KEENAN, JR
`
`11/08/2021
`
`

`

`
`EXHIBIT B
`E X HIBIT
`B
`
`
`
`
`
`
`

`

`ited States of Amery,
`Antted States Patent and Trademark Office
`lly
`
`DOPE
`
`Reg. No. 4,918,788
`Registered Mar. 15, 2016
`
`TINRD ESTATE LLC INDIANA LIMITED LIABILITY COMPANY), DBA DOPE,
`1451 E 4TH STREET, SUITE 103
`LOS ANGELES, CA 90033
`
`Int. Cl.: 25
`
`TRADEMARK
`
`FOR: ATHLETIC APPAREL, NAMELY, PANTS; BOXER SHORTS; CREW NECK SWEATERS;
`GYMSUITS; JOGGING SUITS; SOCKS; SWEATERS; SWIM ‘TRUNKS; SWIM WEAR FOR
`GENTLEMEN; V-NECK SWEATERS; WOMEN'S CLOTHING, NAMELY, SHIRTS, SKIRTS,
`IN CLASS 25 (U.S. CLS. 22 AND 39).
`
`PRINCIPAL REGISTER
`
`FIRST USE. 12-0-2008; IN COMMERCE12-0-2008.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIMTO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`OWNEROF U.S. REG. NOS. 4,075,682, 4,403,067, AND 4,442,533.
`
`SN 86-293,042, FILED 5-28-2014.
`
`CURTIS FRENCH, EXAMINING ATTORNEY
`
`
`
`Wtrettt, K Lo
`Director of the United States
`Patent and Trademark Office
`
`

`

`Generated on: This page was generated by TSDR on 2021-09-30 10:42:07 EDT
`
`Mark: DOPE
`
`US Serial Number: 86293042
`
`US Registration
`Number:
`
`4918788
`
`Filed as TEAS
`Plus:
`
`Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`May 28, 2014
`
`Registration Date: Mar. 15, 2016
`
`Currently TEAS
`Plus:
`
`Yes
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Mar. 15, 2016
`
`Publication Date: Oct. 21, 2014
`
` 
`
`Mark Literal
`Elements:
`
`DOPE
`
`Notice of
`Allowance Date:
`
`Dec. 16, 2014
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Related Properties Information
`
`Claimed Ownership
`of US
`Registrations:
`
`4075682, 4403067, 4442533
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Athletic apparel, namely, pants; Boxer shorts; Crew neck sweaters; Gym suits; Jogging suits; Socks; Sweaters; Swim trunks; Swim
`wear for gentlemen; V-neck sweaters; Women's clothing, namely, shirts, skirts
`
`International
`Class(es):
`
`025 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Dec. 2008
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`U.S Class(es): 022, 039
`
`Use in Commerce: Dec. 2008
`
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`

`

`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: RIDESTORE HOLDING AB
`
`Owner Address: c/o Ridestore AB
`Frihamnen 16 A
`Goteborg SWEDEN 41755
`
`Legal Entity Type: AKTIEBOLAG
`
`State or Country
`Where Organized:
`
`SWEDEN
`
`Attorney/Correspondence Information
`
`Attorney Name: James F. Keenan, Jr.
`
`Attorney Primary
`Email Address:
`
`jkeenan@bssn.com
`
`Correspondent
`Name/Address:
`
`James F. Keenan, Jr.
`Bernstein, Shur, Sawyer & Nelson
`100 Middle Street
`P.O. Box 9729
`Portland, MAINE UNITED STATES 04104
`
`Phone: 2077741200
`
`Correspondent e-
`mail:
`
`jkeenan@bssn.com
`
`Attorney of Record
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Fax: 2077741127
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jun. 09, 2021
`Jun. 09, 2021
`Jun. 09, 2021
`Jun. 09, 2021
`Jun. 09, 2021
`Mar. 15, 2021
`Dec. 02, 2020
`Nov. 20, 2020
`Nov. 20, 2020
`Nov. 20, 2020
`Nov. 20, 2020
`Nov. 20, 2020
`Nov. 11, 2020
`Nov. 11, 2020
`Nov. 11, 2020
`Nov. 11, 2020
`Nov. 11, 2020
`Mar. 26, 2020
`Feb. 28, 2020
`Feb. 28, 2020
`Feb. 28, 2020
`Feb. 28, 2020
`Feb. 28, 2020
`Jun. 01, 2017
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`NOTICE OF SUIT
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Proceeding
`Number
`
`88888
`
`88888
`
`88888
`
`88888
`
`

`

`May 10, 2017
`Mar. 15, 2016
`Feb. 12, 2016
`Feb. 11, 2016
`Feb. 01, 2016
`Dec. 16, 2015
`Jan. 28, 2016
`Dec. 16, 2015
`Jun. 18, 2015
`Jun. 16, 2015
`Jun. 16, 2015
`Jun. 16, 2015
`Jun. 16, 2015
`Jun. 16, 2015
`Jun. 16, 2015
`Dec. 16, 2014
`Oct. 21, 2014
`Oct. 21, 2014
`Oct. 01, 2014
`Sep. 16, 2014
`Sep. 10, 2014
`Jun. 10, 2014
`May 31, 2014
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`REGISTERED-PRINCIPAL REGISTER
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`STATEMENT OF USE PROCESSING COMPLETE
`USE AMENDMENT FILED
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`TEAS STATEMENT OF USE RECEIVED
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`EXTENSION 1 GRANTED
`EXTENSION 1 FILED
`TEAS EXTENSION RECEIVED
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`PUBLISHED FOR OPPOSITION
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`APPROVED FOR PUB - PRINCIPAL REGISTER
`ASSIGNED TO EXAMINER
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Feb. 11, 2016
`
`Assignment Abstract Of Title Information
`
`TM Staff Information - None
`
`File Location
`
`76538
`76538
`76538
`
`98765
`98765
`
`76419
`
`Summary
`
`Total Assignments: 2
`
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`
`Reel/Frame: 6051/0014
`
`Date Recorded: May 01, 2017
`
`Supporting
`Documents:
`
`assignment-tm-6051-0014.pdf
`
`Name: THIRD ESTATE LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Name: FIELDS, MATTE
`
`Legal Entity Type: INDIVIDUAL
`
`Name: EPOD AMERICA, LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 2200 HERCULES DRIVE
`LOS ANGELES, CALIFORNIA 90046
`
`Assignment 1 of 2
`
`Registrant: Third Estate LLC
`
` 
`
`Pages: 23
`
`Assignor
`
`Execution Date: Apr. 25, 2017
`
`State or Country
`Where Organized:
`
`INDIANA
`
`Execution Date: Apr. 25, 2017
`
`Citizenship: No Citizenship Found
`
`Assignee
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Correspondent
`Name:
`
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`
`Correspondent
`
`

`

`Correspondent
`Address:
`
`2050 MAIN ST., SUITE 1100
`IRVINE, CA 92614
`
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`
`Reel/Frame: 7112/0612
`
`Date Recorded: Nov. 20, 2020
`
`Supporting
`Documents:
`
`assignment-tm-7112-0612.pdf
`
`Name: EPOD AMERICA LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Name: RIDESTORE HOLDING AB
`
`Legal Entity Type: AKTIEBOLAG
`
`Address: BOX 4021
`C/O RIDESTORE AB
`TROLLHATTAN, SWEDEN 461 04
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`JAMES F. KEENAN, JR.
`
`100 MIDDLE STREET
`P.O. BOX 9729
`PORTLAND, ME 04104
`
`Domestic Representative - Not Found
`
`Assignment 2 of 2
`
`Pages: 4
`
`Assignor
`
`Execution Date: Nov. 13, 2020
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`State or Country
`Where Organized:
`
`SWEDEN
`
`Correspondent
`
`Domestic Representative - Not Found
`
`

`

`qganited States of Amery,
`Antted States Patent and Trademark Office
`lly
`
`THIRD ISTATE LLC (INDIANA LIMITED LIABILITY COMPANY)
`Reg. No. 4,403,067
`
`Registered Sep. 17, 2013 os ANGELES, CA 90036
`Int. Cl.: 25
`FOR: HATS,IN CLASS25 (U.S. CLS. 22 AND 39).
`
`
`
`
`4 N. FAIRFAX AVE.
`
`
`FIRST USE 7-27-2007, IN